Archived
Can I be sued for using lifestylist for my website as lifestylistmary and business name Mary Hils LifeStylist, LLC?
Frank's answer
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Answered on July 11, 2018
The specifics of her claim will need to be looked at in more detail. I will offer some general remarks on trademark due diligence below and...
Archived
Can i sell disney princess dress cupcakes?
Frank's answer
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Answered on July 11, 2018
You run a risk if the creative expression on your cupcakes infringes on Disney. Princess themes are not the same as "Disney Princess" themes....
Archived
Type of agreement necessary for intellectual property protection?
Frank's answer
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Answered on July 11, 2018
It sounds like a licensing / profit sharing agreement of some variety.
I suggest that you consult with a lawyer in private and discuss your...
Archived
Is it illegal to sell my t-shirts if I add quotes from my favorite books?
Frank's answer
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Answered on July 11, 2018
Using quotes will generally be permitted. This is largely because using what amounts to a very small portion of a much larger body of work will not...
Archived
Someone patented idea that has been around for a while, can I still open my own business?
Frank's answer
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Answered on July 11, 2018
No one can patent an "idea." A patent protects the HOW not the WHAT.
As noted, you really need to explore exactly what this other patent claims...
Archived
Can I sell prints of a painting that I bought? It is by a famous NYC artist who died in 1935. Thanks
Frank's answer
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Answered on July 10, 2018
You would have to first ascertain whether the work is now in the public domain. If it is, then sure. If not, then just because you possess and...
Archived
Is it illegal if I use fake Facebook accounts for marketing/promotion purpose?
Frank's answer
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Answered on July 10, 2018
Whether it is legal depends on exactly what the nature and context of your use is. So maybe.
What is more certain is that is violates FB's...
Archived
How do i start a music catalog business selling cassettes,Cd's,etc.by mail without getting into copyright trouble ?
Frank's answer
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Answered on July 10, 2018
As noted, it is not a problem to resell lawful CDs, records, tapes, etc. This falls under the First Sale Doctrine.
You need to make certain...
Do I need licensing from NFLPA/NFL to use just names of players/teams (not images) on a fantasy draft board to be sold or rentd?
Frank's answer
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Answered on July 10, 2018
Courts in both the US and the UK have weighed in on the issue. The general rule is that because and so long as the players names and likeness are...
Archived
If I have a new business in an industry selling goods and someone has the same name in a different industry selling goods
Frank's answer
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Answered on July 09, 2018
If you are operating in a completely different industry it should not matter (e.g., Delta Airlines versus Delta faucets). A the goods and services...
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